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Indignant Indigent: September 2009

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A practical source for New York criminal law updates and commentary. Wednesday, September 16, 2009. The Indignant Indigent Returns. After a restful summer,. The Indignant Indigent returns. The Appellate Division, Fourth Department will release new decisions on October 2nd and 9th, and readers can expect new content and analysis that day and on the days in between. In the mean time, please read this. David M. Abbatoy, Jr. Subscribe to: Posts (Atom). The Indignant Indigent Returns. New York Law Blogs.

indignantindigent.blogspot.com

Indignant Indigent: June 2008

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A practical source for New York criminal law updates and commentary. Wednesday, June 25, 2008. When Does a "Conviction" Occur? Many statutes impose harsher penalties on a defendant who commits a crime. After he has been "convicted" of another crime. For example, a UUMV. Conviction after a prior is more serious, the second DWI is a felony and so. On Today, in People v Montilla. The Court of Appeals held that a. Defendant is convicted, at least for some purposes, the day he pleads. Does not support a.

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Indignant Indigent: May 2009

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A practical source for New York criminal law updates and commentary. Tuesday, May 12, 2009. New York Times Coverage of Forensic Sciences. This week, The New York Times is running a series of articles regarding the ability of certain forensic sciences to make accurate conclusions. The Indignant Indigent has written in the past about two forensic sciences that are very important to criminal investigations, but often produce faulty or skewed results. First, the Indignant Indigent has. Monday, May 11, 2009.

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Indignant Indigent: April 2010

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A practical source for New York criminal law updates and commentary. Thursday, April 01, 2010. News Coverage of Persistent Felony Offender Decision. The Second Circuit's decision. In the persistent felony offender case is attracting much attention in the mainstream and legal media. Habeas Corpus Blog has a good. Of the initial coverage. David M. Abbatoy, Jr. Subscribe to: Posts (Atom). News Coverage of Persistent Felony Offender Decisi. Appellate Briefs (Second Department). Center for Appellate Litigation.

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Indignant Indigent: January 2009

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A practical source for New York criminal law updates and commentary. Friday, January 30, 2009. Does Consumption of Alcohol Before Driving Constitute Depravity? On January 29, 2009, the Second Department decided. People v. Valenica. A case with potentially great impact upon whether prosecutors can validly charge defendants with depraved indifference assaults (or homicides) when the defendant injures or kills another motorist while intoxicated. Penal Law 120.10[3]. There was one dissenter who argued that:.

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Indignant Indigent: March 2009

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A practical source for New York criminal law updates and commentary. Friday, March 27, 2009. Conviction Reversed for Two Miranda Violations. People v. Patrick Bungo. In reversing Mr. Bungo's conviction on. Grounds, the Fourth Department ruled:. The first statement was made by defendant after he had been arrested and was in custody but before he had received his Miranda. Warnings, and the statement was made in response to questions that were " likely to elicit an incriminating response' " ( People v Wearen.

indignantindigent.blogspot.com

Indignant Indigent: February 2011

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A practical source for New York criminal law updates and commentary. Thursday, February 10, 2011. Just a quick note here to let the readers of I.I. know that I have started a new blog, RocLaw. With a focus on civil and criminal practice in Rochester, New York. Now back to your regularly scheduled programming. Subscribe to: Posts (Atom). Appellate Briefs (Second Department). Center for Appellate Litigation. Challenging Firearms Examiners Part I. Challenging Firearms Examiners Part II. New York Law Blogs.

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New York Criminal Defense: Another successful challenge to denial of Parole Release.

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New York Criminal Defense. A practical source for New York criminal law updates and commentary. Friday, June 12, 2015. Another successful challenge to denial of Parole Release. We argued the denial of release was irrational, arbitrary and capricious. The Supreme Court Decision determined the "twenty four month hold to be excessive and an abuse of discretion. Accordingly, the parole Board will vacate its imposition of a twenty four month hold, and instead impose a twelve month term.". Like us on Facebook.

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New York Criminal Defense: NACDL press release: FBI Testimony on Microscopic Hair Analysis Contained Errors in at least 90% of Cases in Ongoing Review

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New York Criminal Defense. A practical source for New York criminal law updates and commentary. Monday, April 20, 2015. NACDL press release: FBI Testimony on Microscopic Hair Analysis Contained Errors in at least 90% of Cases in Ongoing Review. Washington, DC – April 20, 2015. All but two of 28 FBI examiners provided testimony that contained erroneous statements or authored lab reports with such statements. The review has shown that the FBI Examiners testified in cases in 41 states. Before mitochondrial ...

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New York Criminal Defense: One Apparently Wrongful Conviction Results in Two Important Decisions from the Second Circuit

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New York Criminal Defense. A practical source for New York criminal law updates and commentary. Sunday, March 29, 2015. One Apparently Wrongful Conviction Results in Two Important Decisions from the Second Circuit. The 440 motion was denied and Riva’s habeas corpus petition was dismissed by the District Court as time barred. Critically, the Court held that trial counsel failed to satisfy his. Thus, the Court strongly held that counsel has a constitutional obligation to investigate that may include a duty...